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42 U.S.C. § 247d–6e — Covered countermeasure process
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Fund** Upon the issuance by the Secretary of a declaration under [section 247d–6d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6d/b&num=0&edition=prelim), there is hereby established in the Treasury an emergency fund designated as the “Covered Countermeasure Process Fund” for purposes of providing timely, uniform, and adequate compensation to eligible individuals for covered injuries directly caused by the administration or use of a covered countermeasure pursuant to such declaration, which Fund shall consist of such amounts designated as emergency appropriations under section 402 of H. Con. Res. 95 of the 109th Congress, this emergency designation shall remain in effect through October 1, 2006.
**(b) Payment of compensation**
(1) **In general** — If the Secretary issues a declaration under 247d–6d(b) of this title, the Secretary shall, after amounts have by law been provided for the Fund under subsection (a), provide compensation to an eligible individual for a covered injury directly caused by the administration or use of a covered countermeasure pursuant to such declaration.
(2) **Elements of compensation** — The compensation that shall be provided pursuant to paragraph (1) shall have the same elements, and be in the same amount, as is prescribed by sections 239c, 239d, and 239e of this title in the case of certain individuals injured as a result of administration of certain countermeasures against smallpox, except that [section 239e(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239e/a/2/B&num=0&edition=prelim) shall not apply.
(3) **Rule of construction** — Neither reasonable and necessary medical benefits nor lifetime total benefits
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Stable record: federal_law:legal_authorities:record_usc_4aaea137dc513e974bc85a64
Source file: Laws/federal/codes/united-states-code/title-42/section-247d6e-covered-countermeasure-process--eabee56692.md
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Source location: Title 42, Chapter 6A, § 247d–6e; chapter-6a-public-health-service.md
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**(a) Establishment of Fund** Upon the issuance by the Secretary of a declaration under [section 247d–6d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6d/b&num=0&edition=prelim), there is hereby established in the Treasury an emergency fund designated as the “Covered Countermeasure Process Fund” for purposes of providing timely, uniform, and adequate compensation to eligible individuals for covered injuries directly caused by the administration or use of a covered countermeasure pursuant to such declaration, which Fund shall consist of such amounts designated as emergency appropriations under section 402 of H. Con. Res. 95 of the 109th Congress, this emergency designation shall remain in effect through October 1, 2006.
**(b) Payment of compensation**
(1) **In general** — If the Secretary issues a declaration under 247d–6d(b) of this title, the Secretary shall, after amounts have by law been provided for the Fund under subsection (a), provide compensation to an eligible individual for a covered injury directly caused by the administration or use of a covered countermeasure pursuant to such declaration.
(2) **Elements of compensation** — The compensation that shall be provided pursuant to paragraph (1) shall have the same elements, and be in the same amount, as is prescribed by sections 239c, 239d, and 239e of this title in the case of certain individuals injured as a result of administration of certain countermeasures against smallpox, except that [section 239e(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239e/a/2/B&num=0&edition=prelim) shall not apply.
(3) **Rule of construction** — Neither reasonable and necessary medical benefits nor lifetime total benefits for lost employment income due to permanent and total disability shall be limited by [section 239e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239e&num=0&edition=prelim).
(4) **Determination of eligibility and compensation** — Except as provided in this section, the procedures for determining, and for reviewing a determination of, whether an individual is an eligible individual, whether such individual has sustained a covered injury, whether compensation may be available under this section, and the amount of such compensation shall be those stated in [section 239a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239a&num=0&edition=prelim) (other than in subsection (d)(2) of such section), in regulations issued pursuant to that section, and in such additional or alternate regulations as the Secretary may promulgate for purposes of this section. In making determinations under this section, other than those described in paragraph (5)(A) as to the direct causation of a covered injury, the Secretary may only make such determination based on compelling, reliable, valid, medical and scientific evidence.
(5) **Covered countermeasure injury table**
(A) *In general* — The Secretary shall by regulation establish a table identifying covered injuries that shall be presumed to be directly caused by the administration or use of a covered countermeasure and the time period in which the first symptom or manifestation of onset of each such adverse effect must manifest in order for such presumption to apply. The Secretary may only identify such covered injuries, for purpose of inclusion on the table, where the Secretary determines, based on compelling, reliable, valid, medical and scientific evidence that administration or use of the covered countermeasure directly caused such covered injury.
(B) *Amendments* — The provisions of [section 239b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239b&num=0&edition=prelim) (other than a provision of subsection (a)(2) of such section that relates to accidental vaccinia inoculation) shall apply to the table established under this section.
(C) *Judicial review* — No court of the United States, or of any State, shall have subject matter jurisdiction to review, whether by mandamus or otherwise, any action by the Secretary under this paragraph.
(6) **Meanings of terms** — In applying sections 239a, 239b, 239c, 239d, and 239e of this title for purposes of this section—
(A) the terms “vaccine” and “smallpox vaccine” shall be deemed to mean a covered countermeasure;
(B) the terms “smallpox vaccine injury table” and “table established under [section 239b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239b&num=0&edition=prelim)” shall be deemed to refer to the table established under paragraph (4); and
(C) other terms used in those sections shall have the meanings given to such terms by this section.
**(c) Voluntary program** The Secretary shall ensure that a State, local, or Department of Health and Human Services plan to administer or use a covered countermeasure is consistent with any declaration under 247d–6d of this title and any applicable guidelines of the Centers for Disease Control and Prevention and that potential participants are educated with respect to contraindications, the voluntary nature of the program, and the availability of potential benefits and compensation under this part.
**(d) Exhaustion; exclusivity; election**
(1) **Exhaustion** — Subject to paragraph (5), a covered individual may not bring a civil action under [section 247d–6d(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6d/d&num=0&edition=prelim) against a covered person (as such term is defined in [section 247d–6d(i)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6d/i/2&num=0&edition=prelim)) unless such individual has exhausted such remedies as are available under subsection (a), except that if amounts have not by law been provided for the Fund under subsection (a), or if the Secretary fails to make a final determination on a request for benefits or compensation filed in accordance with the requirements of this section within 240 days after such request was filed, the individual may seek any remedy that may be available under [section 247d–6d(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6d/d&num=0&edition=prelim).
(2) **Tolling of statute of limitations** — The time limit for filing a civil action under [section 247d–6d(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6d/d&num=0&edition=prelim) for an injury or death shall be tolled during the pendency of a claim for compensation under subsection (a).
(3) **Rule of construction** — This section shall not be construed as superseding or otherwise affecting the application of a requirement, under chapter 171 of title 28, to exhaust administrative remedies.
(4) **Exclusivity** — The remedy provided by subsection (a) shall be exclusive of any other civil action or proceeding for any claim or suit this section encompasses, except for a proceeding under [section 247d–6d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d-6d&num=0&edition=prelim).
(5) **Election** — If under subsection (a) the Secretary determines that a covered individual qualifies for compensation, the individual has an election to accept the compensation or to bring an action under [section 247d–6d(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6d/d&num=0&edition=prelim). If such individual elects to accept the compensation, the individual may not bring such an action.
**(e) Definitions** For purposes of this section, the following terms shall have the following meanings:
(1) **Covered countermeasure** — The term “covered countermeasure” has the meaning given such term in [section 247d–6d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d-6d&num=0&edition=prelim).
(2) **Covered individual** — The term “covered individual”, with respect to administration or use of a covered countermeasure pursuant to a declaration, means an individual—
(A) who is in a population specified in such declaration, and with respect to whom the administration or use of the covered countermeasure satisfies the other specifications of such declaration; or
(B) who uses the covered countermeasure, or to whom the covered countermeasure is administered, in a good faith belief that the individual is in the category described by subparagraph (A).
(3) **Covered injury** — The term “covered injury” means serious physical injury or death.
(4) **Declaration** — The term “declaration” means a declaration under [section 247d–6d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6d/b&num=0&edition=prelim).
(5) **Eligible individual** — The term “eligible individual” means an individual who is determined, in accordance with subsection (b), to be a covered individual who sustains a covered injury.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the succeeding provisions of this section, the Secretary shall provide compensation to an eligible individual for loss of employment income (based on such income at the time of injury) incurred as a result of a covered injury, at the rate specified in subsection (b).
**(b) Amount of compensation**
(1) **In general** — Compensation under subsection (a) shall be at the rate of 66⅔ percent of the relevant pay period (weekly, monthly, or otherwise), except as provided in paragraph (2).
(2) **Augmented compensation for dependents** — If an eligible individual has one or more dependents, the basic compensation for loss of employment income as described in paragraph (1) shall be augmented at the rate of 8⅓ percent.
(3) **Consideration of other programs**
(A) *In general* — The Secretary may consider the provisions of sections 8114, 8115, and 8146a of title 5, and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary.
(B) *Minors* — With respect to an eligible individual who is a minor, the Secretary may consider the provisions of [section 8113 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8113&num=0&edition=prelim), and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary.
(4) **Treatment of self-employment income** — For purposes of this section, the term “employment income” includes income from self-employment.
**(c) Limitations**
(1) **Benefits secondary to other coverage**
(A) *In general* — Any compensation under subsection (a) shall be secondary to the obligation of
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 239e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall establish procedures for determining, as applicable with respect to an individual—
(1) whether the individual is an eligible individual;
(2) whether an eligible individual has sustained a covered injury or injuries for which medical benefits or compensation may be available under sections 239c and 239d of this title, and the amount of such benefits or compensation; and
(3) whether the covered injury or injuries of an eligible individual caused the individual’s death for purposes of benefits under [section 239e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239e&num=0&edition=prelim).
**(b) Covered individuals** The Secretary may accept a certification, by a Federal, State, or local government entity or private health care entity participating in the administration of covered countermeasures under the Declaration, that an individual is a covered individual.
**(c) Criteria for reimbursement**
(1) **Injuries specified in injury table** — In any case where an injury or other adverse effect specified in the injury table established under [section 239b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239b&num=0&edition=prelim) as a known effect of a vaccine manifests in an individual within the time period specified in such table, such injury or other effect shall be presumed to have resulted from administration of such vaccine.
(2) **Other determinations** — In making determinations other than those described in paragraph (1) as to the causation or severity of an injury, the Secretary shall employ a preponderance of the evidence standard and take into consideration all relevant medical and scientific evidence presented for consideration, and may
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 239b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this part:
(1) **Covered countermeasure** — The term “covered countermeasure” means a covered countermeasure as specified in a Declaration made pursuant to [section 233(p) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section233/p&num=0&edition=prelim).
(2) **Covered individual** — The term “covered individual” means an individual—
(A) who is a health care worker, law enforcement officer, firefighter, security personnel, emergency medical personnel, other public safety personnel, or support personnel for such occupational specialities 11 So in original. Probably should be “specialties”.;
(B) who is or will be functioning in a role identified in a State, local, or Department of Health and Human Services smallpox emergency response plan (as defined in paragraph (7)) approved by the Secretary;
(C) who has volunteered and been selected to be a member of a smallpox emergency response plan described in subparagraph (B) prior to the time at which the Secretary publicly announces that an active case of smallpox has been identified either within or outside of the United States; and
(D) to whom a smallpox vaccine is administered pursuant to such approved plan during the effective period of the Declaration (including the portion of such period before April 30, 2003).
(3) **Covered injury** — The term “covered injury” means an injury, disability, illness, condition, or death (other than a minor injury such as minor scarring or minor local reaction) determined, pursuant to the procedures established under [section 239a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239a&num=0&edition=prelim), to have been sustained by an individual as the direct result
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 239a
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